Teo Cher Teck v Goh Suan Hee: Forum Non Conveniens & Negligence in Cross-Border Car Accident

In Teo Cher Teck v Goh Suan Hee, the High Court of Singapore heard an appeal regarding a stay of proceedings in a negligence claim. The plaintiff, Teo Cher Teck, a Singapore resident, sued Goh Suan Hee, a Malaysian resident, for damages resulting from a car accident in Johor Bahru, Malaysia. The defendant, Pacific & Orient Insurance Co, applied for a stay of proceedings based on forum non conveniens, arguing Malaysia was the more appropriate forum. The High Court allowed the appeal, finding that the defendant failed to discharge the burden of showing that the Malaysian court was the more appropriate forum to try this case.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal Allowed

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Singapore court allows appeal, finding Singapore to be the more appropriate forum for a negligence claim arising from a car accident in Malaysia.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Goh Suan HeeDefendant, RespondentIndividualStay of Proceedings Upheld in Lower Court, Reversed on AppealLost
Teo Cher TeckPlaintiff, AppellantIndividualAppeal AllowedWon

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Lynette ChewHarry Elias Partnership
Sue-Anne LimHarry Elias Partnership
Tiwary AnuradhaVision Law LLC

4. Facts

  1. The plaintiff, a Singapore resident, was involved in a car accident in Johor Bahru, Malaysia.
  2. The defendant's car hit the rear of the plaintiff's car.
  3. The plaintiff sustained personal injuries and sought medical treatment in Singapore.
  4. The plaintiff's vehicle was repaired in Singapore.
  5. The defendant is a Malaysian resident.
  6. The defendant's insurer, Pacific & Orient Insurance Co, took over the conduct of legal proceedings.

5. Formal Citations

  1. Teo Cher Teck v Goh Suan Hee, DC Suit 1070/2008, RAS 105/2008, [2008] SGHC 194

6. Timeline

DateEvent
Accident in Malaysia
Judgment reserved

7. Legal Issues

  1. Forum Non Conveniens
    • Outcome: The court held that the defendant failed to discharge the burden of showing that the Malaysian court was the more appropriate forum to try this case.
    • Category: Jurisdictional
    • Related Cases:
      • [2007] 1 SLR 377
  2. Negligence
    • Outcome: The court did not make a definitive ruling on negligence but considered the likelihood of establishing liability in determining the appropriate forum.
    • Category: Substantive

8. Remedies Sought

  1. Monetary Damages

9. Cause of Actions

  • Negligence

10. Practice Areas

  • Cross-Border Litigation
  • Personal Injury
  • Motor Vehicle Accidents

11. Industries

  • Insurance

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Rickshaw Investments Ltd and Anor v Nicolai Baron Von UexkullHigh CourtYes[2007] 1 SLR 377SingaporeCited for the principle that the court ought to first determine whether there was some other forum that was more appropriate to try the case, and if so, whether there was any reason which required the court not to order a stay of proceedings.
Boys v ChaplinHouse of LordsYes[1971] AC 356England and WalesCited to illustrate that the lex loci delicti is not an inflexible rule in determining the rights and liabilities of parties.
Ismail bin Sukardi v Kamal bin IkhwanHigh CourtYes[2008] SGHC 191SingaporeCited for the view that the law relating to negligence on the roads in both Singapore and Malaysia is essentially the same and that it would be more inconvenient for expert witnesses to travel outside Singapore.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Forum Non Conveniens
  • Lex Loci Delicti
  • Stay of Proceedings
  • Negligence
  • Personal Injury
  • Motor Vehicle Accident

15.2 Keywords

  • forum non conveniens
  • negligence
  • car accident
  • Singapore
  • Malaysia
  • conflict of laws
  • personal injury

17. Areas of Law

Area NameRelevance Score
Automobile Accidents90
Road Traffic Accident Law85
Personal Injury80
Forum Non Conveniens75
Jurisdiction70
Civil Procedure60

16. Subjects

  • Conflict of Laws
  • Civil Procedure
  • Tort Law
  • Motor Vehicle Accidents